Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Simplified Explanation
Section 302 of the Bhartiya Nyaya Sanhita, 2023 (BNS) deals with the deliberate intention to wound the religious feelings of any person through the use of words, sounds, gestures, or objects.
Detailed Explanation of Section 302
1. Offense Definition:
This section criminalizes intentional acts aimed at hurting or insulting the religious feelings of another person. Specifically, it covers:
- Uttering Words: Speaking words with the intention of wounding another person’s religious feelings.
- Making Sounds: Producing sounds that are meant to insult or hurt the religious sentiments of others.
- Making Gestures: Making offensive gestures with the intent to insult someone’s religion.
- Placing Objects in Sight: Deliberately placing objects in view that are intended to offend or disrespect the religious beliefs of a person.
2. Deliberate Intention to Wound Religious Feelings:
- The offense is committed only when the deliberate intention is to wound or insult the religious feelings of a person.
- It is not enough to merely utter words, make sounds, or show gestures. The specific intent to hurt or insult the religious beliefs or emotions of the person must be present.
3. Punishment for the Offense:
The punishment for committing an offense under Section 302 can include:
- Imprisonment: The offender may face imprisonment for a term of up to one year. This could either be rigorous imprisonment (with hard labor) or simple imprisonment.
- Fine: The offender may also be fined.
- Both: Both imprisonment and a fine may be imposed as a penalty for the offense.
4. Purpose of Section 302:
- The section aims to prevent deliberate acts of religious insult or provocation that could lead to social disharmony or conflict.
- It upholds the principle of respecting others’ religious beliefs and ensuring that individuals are not subjected to verbal or visual insults based on their religion.
- This section seeks to foster tolerance and understanding between different religious groups by punishing acts of deliberate provocation.
Examples of Offenses Under Section 302:
- Example 1: A person deliberately mocks the religious attire or symbols of another individual in a manner intended to insult their religion.
- Example 2: An individual utters offensive words about a religious belief or practice, aimed directly at a person who follows that religion.
- Example 3: A person places an offensive object (e.g., a desecrated religious symbol) in front of someone who practices a particular religion, knowing that it will upset their religious sensibilities.
Key Points:
- The law specifically targets deliberate, intentional acts aimed at wounding the religious feelings of others.
- The punishment for such actions includes imprisonment (up to one year) and/or fine.
- It promotes religious harmony by ensuring that people cannot purposefully insult or provoke others based on their religious beliefs.
Conclusion:
Section 302 of the Bhartiya Nyaya Sanhita emphasizes the importance of religious respect and tolerance in society. It criminalizes intentional acts of verbal or non-verbal insult directed at the religious feelings of individuals, with punishments of imprisonment or fine. The section aims to prevent deliberate religious provocation and contribute to a peaceful and harmonious environment, where individuals can freely practice their religion without fear of insult or disrespect.
